(1) An owner or operator of a brownfield seeking a forgivable loan, including any enhancements, under ORS § 285A.194 must submit to the Oregon Business Development Department an application in a form prescribed by the department, including:

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(a) An affidavit signed under penalty for false swearing that the applicant has not, by any acts, or omissions where there was a duty to act, caused, contributed to or exacerbated the release of a hazardous substance at the brownfield to which the application relates;

(b) A statement that the applicant has entered into a voluntary agreement, cost recovery agreement, consent judgment or consent order with the Department of Environmental Quality for removal or remedial action at the brownfield subject to oversight by the Department of Environmental Quality;

(c) An estimate of the type and amount of eligible costs the applicant expects to incur in investigating and remediating the brownfield;

(d) A description of any enhancements listed in ORS § 285A.194 (3) that will apply to the brownfield; and

(e) Any other information the Oregon Business Development Department considers necessary or useful to the administration of the program.

(2)(a) Once the Oregon Business Development Department has determined that an application is complete, the department shall approve or reject the application.

(b) Rejection of an application does not preclude the owner or operator from reapplying at any time with respect to the same or another brownfield.

(c) If the department approves an application, the department shall determine the amount of the forgivable loan, including any enhancements, and disburse the loan proceeds to the applicant pursuant to a loan agreement entered into by the department and the owner or operator.

(d) Rejection of an application and the amount of a forgivable loan may not be appealed. [2021 c.529 § 4]